PRINTER'S NO. 3551
No. 2483 Session of 2002
INTRODUCED BY DiGIROLAMO, CLYMER, DALLY, SATHER, COLAFELLA,
GEORGE, TRELLO, TURZAI, YOUNGBLOOD, JAMES AND HORSEY,
APRIL 2, 2002
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, APRIL 2, 2002
AN ACT
1 Providing for the Office of Homeland Security, for powers and
2 duties, for the Director of Homeland Security, for staffing
3 and for reporting requirements; and making an appropriation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Office of
8 Homeland Security Act.
9 Section 2. Declaration of policy.
10 The General Assembly finds and declares as follows:
11 (1) The Commonwealth faces a serious threat of terrorist
12 attack within its borders.
13 (2) Public or private agencies and entities do not have
14 uniform policies and procedures for the prevention and
15 response to terrorist attack.
16 (3) The Commonwealth does not have a specific State
17 official to coordinate homeland security policies and
1 effectively work with the Federal Government on terrorism
2 prevention and response initiatives.
3 Section 3. Definitions.
4 The following words and phrases when used in this act shall
5 have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Agency." The Office of Homeland Security.
8 "Director." The Director of Homeland Security.
9 Section 4. Appointment of Director of Homeland Security.
10 (a) Establishment.--There is hereby established the Office
11 of Homeland Security, an independent, executive agency.
12 (b) Appointment.--To supervise the work and activities
13 associated with the Commonwealth's homeland security, the
14 Governor shall appoint, with the advice and consent of the
15 Senate, an individual to act on a full-time basis as Director of
16 Homeland Security.
17 (c) Powers and duties.--The director shall have the
18 following powers and duties:
19 (1) To report directly to the Governor on all matters
20 concerning homeland security in this Commonwealth.
21 (2) To develop a formal memorandum of understanding on
22 homeland security policies that will create and enhance the
23 terrorism preparedness and response capabilities of law
24 enforcement agencies, emergency response organizations,
25 communities and public or private entities.
26 (3) To provide technical advice and assistance to
27 Commonwealth agencies and political subdivisions in
28 preparation of homeland security plans or components thereof
29 and to periodically review such plans and suggest or require
30 revisions.
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1 (4) To establish and operate or assist political
2 subdivisions in establishing training programs and programs
3 of public information.
4 (5) To determine the need for, maintain information
5 regarding and procure materials, supplies, equipment and
6 services necessary for homeland security.
7 (6) To make or request of Commonwealth or local agencies
8 and officials, studies, surveys and reports as are necessary
9 to carry out the purposes of this act.
10 (7) To prepare, for issuance by the Governor, executive
11 orders, proclamations and regulations as necessary or
12 appropriate in coping with a terrorist event.
13 (8) To develop security precaution criteria for the
14 limitation of certain records, maps or other information that
15 may be deemed necessary to keep out of the public domain for
16 homeland security purposes.
17 (9) To cooperate with the Federal Government and any
18 public or private agency or entity in achieving the purpose
19 of this act and in implementing programs for terrorism
20 prevention and terrorist incident response.
21 (10) To recommend to the Governor legislation or other
22 actions as deemed necessary in connection with the purposes
23 of this act.
24 (11) To coordinate on behalf of the Governor all
25 programs related to terrorism prevention which are developed
26 for state governments by the Office of Homeland Defense under
27 the President of the United States.
28 (d) Staff.--The director shall, within the limitations of
29 appropriations made to the agency, arrange for the employment of
30 such professional staff, technical, administrative and other
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1 staff personnel as may be deemed essential to the development
2 and maintenance of a Statewide homeland security program.
3 (e) Office space, equipment and services.--The director
4 shall be furnished necessary and appropriate office space,
5 furniture, equipment, supplies and services in the same general
6 manner as are other Commonwealth departments and agencies.
7 (f) Compensation.--The director shall receive $115,000 per
8 annum.
9 Section 5. Appointment of Deputy Directors of Security.
10 (a) Appointment.--The Governor shall appoint a Deputy
11 Director of Security for each of the following:
12 (1) Higher education institutions that shall include all
13 State-owned, State-related and private institutions of higher
14 education located within this Commonwealth.
15 (2) Ports.
16 (3) Highway infrastructure.
17 (4) Airports.
18 (5) Railroads.
19 (6) Public utilities and communications which shall
20 include water facilities, nuclear and electric power plants,
21 natural gas lines, telecommunications and information
22 networks.
23 (7) Municipal government infrastructure.
24 (8) Agriculture.
25 (9) Tourism and public venues.
26 (10) Manufacturing and industry.
27 (b) Powers and duties.--Deputy Directors of Security shall
28 have the following powers and duties:
29 (1) To develop and manage the memoranda of understanding
30 developed pursuant to section 6 for public and private
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1 agencies within the domain of their deputy directorship
2 assignment.
3 (2) To serve as liaison between the director and the
4 appropriate public or private entities for the implementation
5 of homeland security programs.
6 (c) Appointments.--
7 (1) Gubernatorial appointments shall be made as follows:
8 three from a list of five submitted by the Majority Leader of
9 the House of Representatives; three from a list of five
10 submitted by the Majority Leader of the Senate; two from a
11 list of four submitted by the Minority Leader of the House of
12 Representatives; and two from a list of four submitted by the
13 Minority Leader of the Senate.
14 (2) The Governor shall select members from the lists
15 provided from the President pro tempore of the Senate and the
16 Speaker of the House of Representatives within 30 days of
17 receipt of each list or may request one substitute list of
18 nominees from either or both the President pro tempore of the
19 Senate and the Speaker of the House of Representatives. If a
20 substitute list requested by the Governor is not submitted
21 within 30 days of the request, the Governor may at his
22 discretion appoint board members to positions for which
23 substitute lists of nominees were not submitted.
24 (3) In the event that the Governor fails to select a
25 member from an original list of nominees within 30 days of
26 the receipt of the list and fails to request a substitute
27 list or should the Governor fail to select a member from a
28 substitute list within 30 days of receipt of the list, the
29 legislative presiding officer who prepared the list may
30 appoint members to serve on the board.
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1 (d) Terms.--
2 (1) Initial appointments shall be for a term beginning
3 on the effective date of this act and expiring June 1, 2003.
4 (2) Subsequent to the initial terms, the terms of the
5 members shall be staggered. For terms beginning June 1, 2002:
6 (i) Members appointed from the list of nominees
7 prepared by the President pro tempore of the Senate shall
8 serve eight-year terms ending June 1, 2010.
9 (ii) Members appointed from the list of nominees
10 prepared by the Speaker of the House of Representatives
11 shall serve nine-year terms ending June 1, 2011.
12 (iii) Members appointed by the Governor at his own
13 discretion shall serve ten-year terms ending June 1,
14 2012.
15 (3) After the terms under paragraph (2), the Governor
16 shall, not sooner than 60 days nor later than 30 days prior
17 to June 1 in each year in which vacancies are due to occur,
18 appoint members of the board for terms of ten years to
19 succeed the members whose terms expire on the first day of
20 June next succeeding in accordance with the appointment
21 procedures provided in subsection (e). If the vacancies are
22 for members selected from a list submitted by a legislative
23 presiding officer, the Governor shall request a list of
24 nominees from that officer not later than 90 days prior to
25 the date the vacancies are scheduled to occur.
26 (e) Removal.--Except as authorized in this subsection, no
27 board member may be removed from office during a term. The
28 Governor may, upon clear and convincing evidence of misfeasance
29 or malfeasance in office, remove a board member prior to the
30 expiration of the term. The Governor shall then provide the
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1 board member so removed with a written statement of the reasons
2 for removal.
3 (f) Vacancies.--If a vacancy occurs prior to the completion
4 of the term of office of a member appointed from lists of
5 nominees submitted by a legislative presiding officer, the
6 Governor shall request a list of nominees from that officer
7 within 30 days of the occurrence of the vacancy and proceed to
8 make the vacancy appointment pursuant to the procedures of this
9 section. All vacancy appointments shall be for the balance of
10 the unexpired term.
11 (g) Succession.--Members shall hold office until their
12 successors have been appointed and qualified, and they may
13 succeed themselves.
14 (h) Compensation.--The Deputy Directors of Security shall
15 receive $80,000 per annum.
16 (i) Outside activities.--Outside activities of the Deputy
17 Directors of Security are permitted as long as they do not
18 directly conflict with the provisions of this act.
19 Section 6. Memorandum of understanding.
20 For the purposes of this act, a memorandum of understanding
21 shall be a negotiated and signed agreement among various
22 partners, including law enforcement agencies, the military,
23 emergency response organizations, local public health agencies,
24 State and local governments, and appropriate public or private
25 entities. The memorandum of understanding is to outline the
26 policies and procedures to be followed with regard to the
27 prevention of terrorism and the necessary measures needed to
28 respond to a terrorist incident or other threat to homeland
29 security. At a minimum, the memorandum should identify the
30 specific scope of responsibilities to be assumed by each of the
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1 individual signatories within the parameters of an existing
2 response plan, include relevant reporting requirements, describe
3 the manner in which communication among the partners to the
4 memorandum will be handled and outline the manner in which and
5 by whom information is to be released to the media.
6 Section 7. Annual report.
7 The director shall report annually to the Governor and the
8 General Assembly on the activities of his office during the
9 preceding year. The report shall include, but not be limited to,
10 a summary of the memoranda of understanding that have been
11 developed within each of the areas headed by a Deputy Secretary,
12 including the partners to each memorandum and any suggested
13 additional legislation that may be needed to enhance the work of
14 the office. The report shall be submitted to the Governor, the
15 President pro tempore of the Senate and the Speaker of the House
16 of Representatives and shall be furnished to each member of the
17 General Assembly.
18 Section 8. Appropriation.
19 The sum of $5 million is hereby appropriated to the Office of
20 Homeland Security for the purposes of this act.
21 Section 9. Effective date.
22 This act shall take effect immediately.
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